Town of Fairhaven, MA
Bristol County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Special Town Meeting of the Town of Fairhaven 5-7-2005 by Art. 23. Amendments noted where applicable.]
GENERAL REFERENCES
Tax titles — See Ch. 74.
The Town is authorized, pursuant to Massachusetts General Laws, Chapter 59, Section 59A, as amended, to enter into agreements regarding payment or abatement of some or all of the outstanding real estate taxes, interest, and penalties owed on a site or portions of a site from or at which there has been a release of oil or hazardous materials.
The following are necessary conditions and components of any such agreement:
A. 
The site or a portion thereof must be one from, or at which, there has been a contaminated release of oil or hazardous material.
B. 
The site or a portion thereof is zoned for commercial or industrial uses.
C. 
The agreement must be for the purpose of environmental cleanup and redevelopment of such site, and shall require submission of any plans to address such cleanup and redevelopment.
D. 
The agreement must provide:
(1) 
The principal amount due of outstanding taxes, interest and penalties, before abatement of any amount thereof;
(2) 
The amount of taxes, interest and penalties to be abated, if any;
(3) 
The net amount of taxes, interest and penalties due after abatement;
(4) 
The percent of interest to accrue, if determined applicable;
(5) 
The monthly payments, if applicable;
(6) 
The inception date of payment;
(7) 
The date of final payment; and
(8) 
Late penalties and other terms of repayment.
E. 
Agreements can only be made with an eligible person as defined under MGL c. 21E, § 2.
F. 
Such agreements shall be negotiated by a committee consisting of the Town Administrator, the Town Treasurer and the Chair, or other designee, of the Board of Assessors, and shall be subject to approval by the Board of Selectmen.
[Amended 5-7-2016 ATM by Art. 36]
G. 
Such agreements shall be signed by the eligible person and the Chairman of the Board of Selectmen.
H. 
Such agreements shall be notarized and attested to by the Town Clerk.
I. 
Such agreements shall contain any other provisions as may be required by law or regulation of the Department of Revenue.
J. 
In the event any such agreement reduces the tax to be paid, abatements must be processed and charged to the overlays for the fiscal years of the taxes abated.
Copies of the agreement shall be provided to the eligible person, the Board of Selectmen, the Commissioner of Revenue, the Department of Environmental Protection and the Environmental Protection Agency.